What legal actions can I take against my landlord who did not have the window fixed after being informed? 30 Answers as of September 07, 2012

I had previously informed my landlord of a window that was too old and would fall open on its own. The window fell open, hit my son in the head, and busted glass all over him. My son is two, and had glass on him everywhere, even his eyelashes and keeps saying his head is hurting.

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
First and foremost, get your son the medical treatment he needs, lawsuit or no lawsuit. All property owners are responsible for keeping their property in reasonably safe condition. If the landlord knew or should have known of a hazard and failed to take steps to correct it, even though he had time to do so, then he can be held legally liable for injuries that could foreseeably result. Of course, evidence for all of those factors will be required.
Answer Applies to: New York
Replied: 9/7/2012
C Meryl Murphy, Attorney-at-Law, LLC
C Meryl Murphy, Attorney-at-Law, LLC | Candace M Murphy
You should consult with an attorney regarding this matter. The consulting attorney will be in a better position to determine the details of the case, whether or not you have a claim and if there is a claim, what is a range of damages applicable to the claim.
Answer Applies to: Texas
Replied: 9/5/2012
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Without discussing other rights you might have, such as terminating the lease, your son may have a claim against your landlord for his injuries. Your landlord was on notice about the window "falling open." However, a question is whether you contributed to your son's injury by either not securing the window yourself or permitting your son to be near the window when you knew it would fall open. I would suggest talking to a personal injury attorney to discuss you and your son's rights and options. Most offer a free consultation so it will not cost you anything to get more information and to learn whether you or your son have a case.
Answer Applies to: Nebraska
Replied: 9/4/2012
Law Office of Melvin Franke | Melvin Franke
A lawsuit for damages depending upon the terms of your lease.
Answer Applies to: Missouri
Replied: 8/30/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
You can sue him on behalf of your son. That is horrible and he can be held accountable.
Answer Applies to: Michigan
Replied: 8/30/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    If either your landlord or you carried insurance on the premises, you should contact either insurance company to seek compensation for your son's injury. Otherwise, you may seek relief in a small claim's court.
    Answer Applies to: Indiana
    Replied: 8/30/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If someone was hurt you can bring a lawsuit for personal injury. IF no one was hurt you can make a claim in landlord tenant court against the landlord to fix window.
    Answer Applies to: New York
    Replied: 8/30/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    A necessary element of any personal injury lawsuit is damages. You should have your son evaluated by a medicla professional to determine if he has been damaged by the incident and to what extent. If damages are present, you should contact a personal injury attorney who can evaluate your claim and provide you with options as to how to proceed.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You can sue your landlord but you also need to have an injury with respect to your son. You further can contact housing code enforcement in your city or town.
    Answer Applies to: Rhode Island
    Replied: 8/30/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under a Michigan statute, the landlord is liable for not giving you a safe apartment.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    There may be a viable claim based on landlord's violation of building code and/or other theories of negligence. First thing obviously is to have your child evaluated by a physician to determine nature and extent of his injuries . Then I'd suggest talking with a lawyer concerning having the lawyer contact the landlord's liability insurance carrier.
    Answer Applies to: Illinois
    Replied: 8/30/2012
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Did you put your request for repairs in writing? If not then do so immediately? Landlord has a reasonable time to fix the broken window. Did you take your child to a doctor? If yes then present the landlord with the medical bill. Or request he submit it to his insurance company for reimbursement.
    Answer Applies to: Utah
    Replied: 8/30/2012
    Stephens Gourley & Bywater | David A. Stephens
    You can sue the landlord for the damages to your child.
    Answer Applies to: Nevada
    Replied: 8/30/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Thank god your son is ok. Get the building inspector in.
    Answer Applies to: New York
    Replied: 8/30/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Landlords have a legal duty to maintain premises in a condition fit for human habitation. If the owner or occupier of premises allows unreasonably hazardous conditions on the premises, there may be liability for injuries resulting. You should call an attorney to discuss the particular details of your circumstances.
    Answer Applies to: Washington
    Replied: 8/30/2012
    Victor Varga | Victor Varga
    Sue the landlord for damages.
    Answer Applies to: Maryland
    Replied: 8/29/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You do have a cause of action especially since you put your landlord on notice prior. Your son should vet treatment to prove his injury.
    Answer Applies to: Connecticut
    Replied: 8/29/2012
    Mosley, Engelman & Jones, LLP
    Mosley, Engelman & Jones, LLP | Britany M. Engelman
    You should sue your landlord for premises liability. Do you have a written record of telling your landlord about the danger? If not, oral is ok too. Has your son received any medical treatment.
    Answer Applies to: California
    Replied: 8/29/2012
    Law Office of Gregory Crain | Gregory Crain
    Sue for injuries.
    Answer Applies to: Arkansas
    Replied: 8/28/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You need to see an experienced premise liability attorney. You may have a case, but your lease is important, your knowledge of the defect is important, the notice that you gave your landlord is important, and several other factors will impact whether you have a case.
    Answer Applies to: Virginia
    Replied: 8/28/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    In theory, you could sue for whatever damages you suffered. However, you do have to prove damages. If you take your son to a doctor and an injury is diagnosed, the landlord could be held responsible for the medical bills, and pain and suffering, loss of quality of life, etc. However, if there is no permanent injury, just a bump on the head, it is probably not worth filing a lawsuit. Some people in this circumstance will say, "But he could have been seriously injured." However, you cannot recover for injuries that might have occurred, only injuries that did occur.
    Answer Applies to: South Carolina
    Replied: 8/28/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You may have a claim.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    That is an issue of habitability. Go talk to an attorney.
    Answer Applies to: Nevada
    Replied: 8/28/2012
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